Pascarella v. Swift Transportation Co.

OPINION

SIMANDLE, District Judge:

I. INTRODUCTION

This matter is presently before the Court on Defendant Sharon Harrington’s motion to dismiss Plaintiffs due process claim for lack of subject matter jurisdiction, as barred by the Eleventh Amendment, and for failure to allege a constitutional deprivation [Docket Item 13]. Plaintiff Michael Pasearella (“Plaintiff’), on behalf of himself and a putative class of former students of the Swift Driving Academy in Tennessee (“Defendant Swift”) who received Commercial Drivers’ Licenses (“CDLs”) in New Jersey, has brought suit against Defendants Swift,…